DEO NANDAN Vs. RAM SARAN

JUDGEMENT

(1.) The question involved in this case pertains to the interpretation of Sections 134 and 137 of the U.P. Zamindari Abolition and Land Reforms Act as the said provisions existed in 1964-1965.

(2.) Briefly stated the facts are that one Bechan was a sirdar of agricultural land which consisted of six plots. On 25th August, 1964, he filed an application under Section 134 of the said Act before the revenue authorities and paid an amount equal to 10 times the land revenue and prayed that he should be declared a bhumidar. It is an admitted case of the parties that it is only on such declaration taking effect that he could sell the said land.

(3.) After the said application had been filed and the land revenue deposited, Bechan executed a sale deed on 25th August, 1964 selling the said land to the plaintiffs, who are the appellants herein. Before any order could be passed granting the bhumidari certificate, Bechan died on 15th September, 1964. The problem for the plaintiffs arose when on 5th January, 1965 the widow of Bechan sold that very land to the defendants, who are the respondents in this appeal. On 9th February, 1965, the sanad was issued under Section 137 in the name of Bechan with effect from 25th August, 1964, the date when the said land revenue had been paid along with the application for grant of bhumidari certificate.